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Vol. I: Issue 8 - June 26, 2006

CHEMICALS
The international pressure over the EU's initiative for REACH (Registration, Evaluation and Authorisation of CHemicals) is intensifying as thirteen countries form a coalition to persuade EU legislators to accept changes to the draft initiative. A potential WTO challenge seems more likely than ever.

Australia, Brazil, Chile, India, Israel, Japan, Korea, Malaysia, Mexico, Singapore, South Africa, Thailand and the United States have recently joined forces to challenge certain aspects of the EU's REACH initiative in a joint statement which goes as far as proposing amendments addressed to EU legislators. The statement is timely, as it comes before the European Parliament's second hearing on the draft REACH text this autumn. More…


“Made in USA” Marking Update.
Products that satisfy the Customs requirements for being considered products of U.S. origin frequently do not satisfy the FTC's guidelines for being marked “Made in USA .” More…



U.S. Business Optimism Tempered by Corruption in Southeast Asia.
Concerns about Corruption Underscore the Need for Effective Compliance Measures under the Foreign Corrupt Practices Act (“FCPA”). The American Chamber of Commerce in Singapore announced that some 80% of nearly 300 companies surveyed planned to expand their operations in Southeast Asia this year. More…


New Sanctions on Belarus Leaders.
President Bush signed an Executive Order, effective June 19, 2006, admonishing the Republic of Belarus' undemocratic March 2006 elections, its recent human rights abuses, and public corruption. More…



Supreme Court Decision Likely to Generate More Intellectual Property Import Protection (Section 337) Cases.
The U.S. Supreme Court's recent decision in eBay, Inc. v. MercExchange, LLC , 126 S. Ct. 1837 (May 15, 2006), may encourage more Section 337 filings at the U.S. International Trade Commission (“ITC”). More…


Korea-U.S. FTA Negotiators Set a Fast Pace in First Round of Negotiations.
The U.S. and Korea began formal negotiations for a free trade agreement on June 5, 2006, and set a pace not often seen in previous FTA negotiations. More…



The U.S. Department of Commerce formulates comments submitted in response to the U.S.-adverse WTO Appellate Body Report in United States—Zeroing. More…



June 28-July 1, 2006
Kim Nobles will be chairing and moderating a panel on "China Issues" at the United States Federal Circuit Bar Association Annual conference. More…

INTELLECTUAL PROPERTY
United States Trade Representative (USTR) Commences Special Review of Intellectual Property Rights (IPR) Protection in China's Provinces. In this year's Special 301 Report released on April 28, the USTR announced plans to conduct an unprecedented special provincial review of intellectual property rights protection in China. More…

EXPORT CONTROL
Upcoming U.S. Bureau of Industry and Security (BIS) China Export Rule. After having taken bold action to derail the unpopular proposed changes to the deemed export rule, US Under Secretary of Commerce for Industry and Security, David McCormick, the most senior export official at Commerce, has announced that BIS will not back down from new controls on China, even if they are unilateral. More…

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